Case Summary
The plaintiffs, Soudamini and Vilasini, filed for a temporary injunction against the defendants, Rejimon, Sunil Kumar, and Sahadevan, to prevent them from encroaching on their property and causing damage. The defendants allegedly trespassed and demolished parts of the plaintiffs' property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Interim injunction made absolute till the disposal of the suit.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for temporary injunction and made it absolute until the disposal of the suit, ensuring that the plaintiffs' property would be protected from further encroachment by the defendants.
Why Plaintiff Won:
The plaintiffs have a prima facie case and the balance of convenience is in their favour.
The plaintiffs have a prima facie case and the balance of convenience is in their favour.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I am satisfied that the plaintiffs have a prima facie case, and the balance of convenience is in their favour. If the injunction as sought is refused, it may cause irreparable injury to them.
Judgment Evidence:
In the result, the petition allowed. Interim injunction made absolute till the disposal of the suit.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Soudamini
- Party Age
- 73
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Vilasini
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rejimon
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sunil Kumar
- Party Age
- 45
- Party Role
- Defendant
- Party Name
- Sahadevan
- Party Age
- 50
Plaintiffs Documents
Copy of sale deed No. 2242/2002, Land tax receipt issued from Perayam Village Office, Copy of Joint Release Deed No. 3598/2012, Land tax receipt issued from Perayam Village Office.
Defendants Documents
Commission report prepared and submitted by Adv.Commissioner Reshma Raj.R, Mahazar prepared and submitted by Adv.Commissioner Reshma Raj.R.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dhanya Mohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Temporary Injunction
Outcome:
Granted
Description:
Interim injunction made absolute till the disposal of the suit, restraining the defendants from entering the plaint A and B schedule properties.
Evidence:
In the result, the petition allowed. Interim injunction made absolute till the disposal of the suit.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Copy of sale deed No.2242/02 of Kundara SRO evidencing the ownership of the first plaintiff over the plaint A schedule property.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt issued from Perayam Village Office confirming the tax payment by the first plaintiff.
Reference:
Ext.A2
Document Type:
Joint Release Deed
Submitted By:
Plaintiff
Relevance:
Copy of Joint Release Deed No.3598/2012 of Kundara SRO evidencing the property ownership of the second plaintiff.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Land tax receipt issued from Perayam Village Office confirming the tax payment by the son of the second plaintiff.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and Mahassar prepared by Adv. Sri. Reshma Raj detailing the encroachment and alterations made by the defendants.
Reference:
Ext.C1
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Unauthorized occupation
Case Code
OS
Case Code Year
2024